Veto Session of the 2026 Session

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Veto Session of the 2026 Session

After First Adjournment on March 27, Gov. Laura Kelly signed 11 health-related bills and vetoed five. On April 8, she approved the budget bill but vetoed more than 40 line items, including 12 health-related provisions. During the Veto Session, which began April 9, the Legislature overrode four health-related vetoes, while one veto was sustained. Lawmakers also overrode many of her line-item vetoes in the budget bill before adjourning sine die at 1:35 a.m. on Saturday, April 12.

This edition of Health at the Capitol looks at health-related policy issues addressed by Gov. Kelly and the Legislature between April 9 and April 20, 2025.

Health at the Capitol is a weekly summary providing highlights of the Kansas legislative session, with a specific focus on health policy related issues. Sign up here to receive these summaries and more, and also follow KHI on Facebook, X, LinkedIn and Instagram . Previous editions of Health at the Capitol can be found on our ARCHIVE PAGE.

Bills Signed by the Governor

House Bill (HB) 2068 - Amends various provisions in the Pharmacy Act of the State and the Pharmacy Practice Act.

The bill allows a pharmacist to initiate therapy for a condition consisting of medications and durable medical equipment if the condition:

• Does not require a new diagnosis;
• Is minor and generally self-limiting;
• Has a test that is used to guide diagnosis or clinical decision-making that is waived under the federal Clinical Laboratory Improvement Amendments of 1988; or
• In the professional judgment of the pharmacist, constitutes a patient emergency that threatens the health or safety of the patient if the prescription is not immediately dispensed. Only the sufficient quantity would be provided until the patient could consult with or be seen by the patient's personal physician or other primary care provider.

The bill provides for a pharmacist to dispense a one-time emergency refill of a non-controlled prescription drug for up to a 90-day supply when no refills remain and, in the pharmacist's professional judgment, continuation of therapy is necessary to prevent interruption of care. The bill does not authorize a pharmacist to prescribe a controlled substance, except for medications prescribed for the treatment of opioid use disorder or for medication-assisted treatment. Beginning on Jan. 1, 2028, if a pharmacist chooses to independently initiate therapy pursuant to the bill, the bill requires the pharmacist to maintain professional liability insurance approved by the Commissioner of Insurance and issued by an insurer able to transact business in Kansas. The limit of the insurer's liability would be no less than $500,000 per claim, subject to no less than a $1.5 million annual aggregate for all claims made during the policy period.

The bill also removes the ability of the State Board of Pharmacy to maintain the list of individuals authorized to access the Prescription Monitoring Program database, K-TRACS, through rules and regulations.

The bill also permits any pharmacy to employ a remote worker to engage in the remote practice of pharmacy subject to meeting all the requirements of the Act. The Act requires that the pharmacist-in-charge display a notice of remote work on the premises if the pharmacy employs remote workers. The Act requires of each pharmacy owner, pharmacist-in-charge, and remote worker engaged in the remote practice of pharmacy to ensure the following:

• Each remote practice area is free from third-party interference or observation;
• Each remote work device used to engage in the remote practice of pharmacy would:
  • Be provided and maintained by the employing pharmacy;
  • Be configured and properly equipped to engage in the remote practice of pharmacy and be secure from unauthorized access;
  • Have the ability to maintain all prescription and patient information in a manner that protects the integrity and confidentiality of such information; and
  • Provide for all communication to any third-party outside the employing pharmacy to be made on a remote work device.

The Governor signed the bill on April 9.

HB 2250 - Adds administering an emergency opioid antagonist as a protected act immune from criminal prosecution if the person to whom aid was rendered reasonably appeared to need medical assistance or requested medical assistance from law enforcement or emergency medical services as a result of the use of a controlled substance and would add civil liability protection for first responders. As defined in the bill, "emergency opioid antagonist" means an intranasal form of a drug that inhibits the effects of opioids and is approved by the U.S. Food and Drug Administration for the treatment of opioid overdose. The bill permits the administration of an emergency opioid antagonist up to 10 years past the product's expiration date. The bill prohibits pharmacists, health care providers, and school nurses from prescribing, dispensing, distributing or furnishing expired emergency opioid antagonists.

The bill also authorizes a licensed private psychiatric hospital to maintain a stock supply of emergency medication kits for pharmaceutical emergencies; permits pharmacists to distribute epinephrine delivery systems to schools for emergency medication kits; and authorizes the use of expedited partner therapy (EPT) to treat sexually transmitted diseases. The Governor signed the bill on April 9.

HB 2365 - Makes amendments to the Uniform Controlled Substances Act (CSA) by adding and removing certain substances to Schedules I, III and IV; modifies language related to fentanyl and cannabis to conform state statute with federal law; adds 7-substances related to kratom to Schedule I of the CSA; and makes conforming amendments to the definition of "fentanyl-related controlled substance" in the Kansas Criminal Code.

The bill adds 14 substances to Schedule 1 of the CSA, including 11 opioids or synthetic opioids; ethylphenidate, a stimulant; hexahydrocannabinol, a derivative of Delta 9; tetrahydrocannabinol (THC); CUMYL-PEGACLONE, a synthetic cannabinoid; and 7-hydroxymitragynine, also known as 7-OH, a derivative of kratom.

Unless specifically exempted or unless listed in Schedules II through V of the CSA, any material, compound, mixture or preparation that contains any quantity of a fentanyl-related substance or that contains the salts, isomers and salts of isomers of a fentanyl-related substance whenever their existence is possible within the specific chemical designation is added to Schedule I. The bill also adds a definition of "fentanyl-related substance" to Schedule I and makes conforming amendments, adding and removing specific fentanyl derivatives and analogs to Schedule I and to the definition of "fentanyl-related substance' in the Kansas Criminal Code. (Note: This change conforms to the 2025 federal Halt All Legal Trafficking (HALT) of Fentanyl Act, which created a fentanyl class in Schedule I of the federal Controlled Substances Act.)

The bill adds 22 federally scheduled steroids to Schedule III. The bill also adds Zuranolone, a prescription medication approved to treat postpartum depression, to Schedule IV. The Governor signed the bill on April 10. In her bill announcement, Gov. Kelly said, "The U.S. Food and Drug Administration is in the process of determining whether kratom is a safe and effective means of treating certain medical conditions. Until such a time as quality scientific reviews determine positive impacts and minimal health risks, it is wise to safeguard the health of Kansans."

HB 2479 - Increases the penalties for the crimes of endangering a child and aggravated endangering a child when such child is less than 6 years of age. For endangering a child who is less than 6 years of age, the bill classifies such crime as a severity level 9 felony. (Note: Previous law provided that endangering a child regardless of the child's age was a class A person misdemeanor.) For aggravated endangering a child who is less than 6 years of age, the bill classifies such crime as a severity level 8 person felony. (Note: Previous law provided that aggravated endangering a child regardless of the child's age was a severity level 9 person felony.) For aggravated endangering a child when bodily harm is inflicted when such child is less than 6 years of age, the bill classifies the crime as a severity level 5 person felony. (Note: Previous law provided that aggravated endangering a child when bodily harm is inflicted, regardless of the child's age, was a severity level 6 person felony.) The bill also created and amended Kansas criminal law related to electronic monitoring for defendants charged with domestic violence and the elements of the crime of breach of privacy. The Governor signed the bill on April 9.

HB 2509 - Amends, commencing on Jan. 1, 2028, the Health Care Provider Insurance Availability Act to add advanced practice registered nurses (APRNs) to the list of health care providers participating in the Health Care Stabilization Fund and adds a member who is an APRN to the Board of Governors of the Fund. APRNs would have six months to comply with the membership requirements of the Fund. An APRN is not required to participate if the initial surcharge to participate in the Fund exceeds 15 percent.

The bill also allows physical therapists to perform point-of-care laboratory testing that is classified by the Centers for Medicare and Medicaid Services (CMS) as Clinical Laboratory Improvement Amendments (CLIA)-waived tests. The bill defines "point-of-care testing" as laboratory-based capillary assays and would not include:

• Point-of-care ultrasounds;
• Other imaging modalities and venipuncture; or
• Other procedures requiring vascular access beyond the use of a fingerstick or other capillary methods.

The bill allows point-of-care testing of lactate and blood glucose tests only by physical therapists for the purpose of obtaining information related to:

• Muscle metabolism;
• Exercise tolerance; or
• Rehabilitation status.

The bill does not allow point-of-care testing by physical therapists to be construed as granting independent authority to diagnose medical conditions. The bill also requires a physical therapist to obtain written consent from a patient or the patient's representative prior to performing point-of-care testing. Written consent would include disclosure of costs and an acknowledgement of financial responsibility to the patient or the patient's representative. The Governor signed the bill on April 9.

HB 2533 - Enacts four multistate licensure compacts:

• Occupational Therapy Licensure Compact;

• Respiratory Care Interstate Compact;

• Esthetics Licensure Compact; and

• Athletic Trainer Licensure Compact.

The Governor signed the bill on April 9.

HB 2534 - Requires school districts to develop fentanyl abuse education programs and to maintain a stock supply of naloxone, creates the Student Safe at School Act regarding the conduct of active shooter drills and simulations in public and accredited nonpublic schools, and amends the definition of "crisis drill" for purposes of rules and regulations promulgated by the State Fire Marshal.

The bill requires the State Board of Education to develop guidance for age-appropriate instruction on the prevention of the abuse of and addiction to fentanyl and other opioids and distribute such guidance to school districts. The bill requires the board of education of a school district to develop fentanyl abuse education programs, based upon the guidance provided by the State Board and that such programs be provided to all students enrolled in grades 9 through 12.

The bill authorizes a school nurse or designated school personnel, as defined by the bill, to administer naloxone in an emergency situation to any individual who displays the signs and symptoms of opioid overdose if:

• The school nurse or designated school personnel reasonably believes that an individual is exhibiting the signs and symptoms of an overdose; and

• The individual is at school, on school property, or at a school-sponsored event.

The bill requires the Kansas State Department of Education (KSDE), on or before Oct. 1, 2026, to establish and publish best practice guidelines for conducting an active shooter drill in school. Each board of education of a school district or governing body of an accredited nonpublic school would be required to adopt policies for the conduct of active shooter drills that are consistent with the KSDE guidelines. Schools are prohibited from conducting, sponsoring or permitting any active shooter simulation on school property where students in grades kindergarten through 8 regularly attend. Active shooter simulations would be permitted at schools where only students in grades 9 through 12 regularly attend. The Governor signed the bill on April 9.

HB 2601 - Establishes a Child Abuse and Neglect Registry maintained by the Secretary of the Kansas Department for Children and Families (DCF) and requires administrative hearings, including the opportunity for appeal, before placing an individual on the Registry. The bill also limits use of information on the Registry and permits the Secretary to maintain other registries or records to meet federal requirements. The bill also amends law concerning reporting of child abuse and neglect in the Revised Code for Child in Need of Care (CINC) Code to require such reports include information about any known custody dispute involving the child subject to the report and would require certain reporting information be submitted to specified legislative committees each year. The Governor signed the bill on April 9.

Senate Bill (SB) 20 - Enacts the Kansas Consumer Prescription Protection and Accountability Act. The bill provides for the regulation of pharmacy benefit managers (PBMs), defines auditing procedures, outlines reporting requirements, and allows compliance and financial examinations. The bill requires PBMs to charge a health benefit plan the same price for a prescription drug as the PBM pays a pharmacy for the prescription drug, utilizes the most recently published monthly National Average Drug Acquisition Cost (NADAC) as a point of reference, and reimburses pharmacies at an amount not less than the NADAC, plus a professional dispensing fee of $10.50. The bill provides a reimbursement procedure for drugs not on the NADAC. The Governor signed the bill on April 9.

SB 271 - Changes the household gross income eligibility requirement for the State Children's Health Insurance Program (CHIP) from 250.0 percent of the 2008 federal poverty level to 250.0 percent of the current federal poverty income guidelines, with coverage subject to appropriation of funds and eligibility requirements. The bill also requires the Secretary of the Kansas Department of Health and Environment (KDHE) to adopt rules and regulations to establish a premium by sliding-fee scale that charges per family. The bill also changes the meeting date requirements of the Robert G. (Bob) Bethell Joint Committee on Home and Community Based Services and KanCare Oversight, to meet at least once each quarter, while retaining the requirement for the meetings to be two consecutive days in the third and fourth quarters. The Governor signed the bill on April 9. In her bill announcement Gov. Kelly said, "I'm pleased to sign this bipartisan, commonsense legislation that cements these updates to the Kansas CHIP income eligibility requirements and prioritizes the health, well-being and future of Kansas kids."

SB 408 - Amends the definition of "child in need of care" in the CINC Code to exclude a person less than 18 years old who is engaging in independent activities without adult supervision when a parent allows such child to engage in such activities if:

• Such independent activities are appropriate for the child's age, maturity and mental abilities; and
• Such lack of supervision does not constitute such grossly negligent conduct that it would endanger the health and safety of the child.

The bill defines "independent activities" to include, but not be limited to, traveling to or from school or nearby locations on foot or bicycle, playing outdoors, remaining home for a reasonable amount of time, or remaining in a vehicle that is not dangerously hot or cold for a reasonable amount of time.

The bill also amends the crime of endangering a child to add that a child is also not deemed endangered solely by the child's parent permitting or failing to prohibit such child from engaging in independent activity unless the parent knowingly or recklessly disregarded an obvious danger to the child given the child's age, maturity, and physical and mental abilities. The Governor signed the bill on April 9.

Vetoes Overridden

Senate Substitute (Sub.) for HB 2004 - Establishes and amends law regarding the sharing of information related to federal assistance programs with the Office of the Inspector General (OIG), U.S. Department of Agriculture (USDA) and U.S. Department of Health and Human Services (HHS).

The bill requires DCF and the OIG to cooperate in the facilitation of detection, investigation and prosecution of public assistance by exchanging information, including:

• Documents and information related to cash assistance, child care assistance and food assistance applicants or recipients;
• Documents and information related to cash assistance, child care assistance and food assistance eligibility determinations;
• Electronic benefit card (EBT) transaction data or documents; and
• Any other materials received, compiled or created by the agency related to an audit, inquiry or investigation of cash assistance, child care assistance and food assistance applicant, recipient, authorized retailer or any other individual suspected of, or being investigated for, fraud in the food assistance program.

The bill requires information to be exchanged at the request of either DCF or the OIG and completed in a reasonable time frame that cannot exceed 30 days from the day of the request being received.

The bill also requires, upon written request regarding a federal program administered by either the Secretary for DCF or the Secretary of KDHE, that the Secretary for DCF provide data contained in state records related to such federal program to the USDA and that the Secretary of KDHE provide such federal data to HHS. The bill requires both Secretaries to fully respond to the respective federal agencies in a timely manner by executing a memorandum of understanding, data use agreement or other form of written data-sharing instrument as necessary to provide the information required. The bill also requires such data to be shared with the respective federal agency within 60 days of the Secretary receiving a written request. On April 9, the House and Senate passed motions to override the Governor's veto on votes of 85-38 and 29-10, respectively.

HB 2329 - Directs the Secretary of the Department of Corrections to contract for beds for juvenile alternative sentences to out-of-home placements, directs the funding for such placements to come from the Evidence-Based Programs Account (EBPA), and removes expired sunsets regarding such out-of-home placements. The bill authorizes the Secretary to enter into a memorandum of agreement to provide money from the EBPA to additional types of facilities with a program purpose of behavioral health crisis intervention for juveniles. On April 9, the House and Senate passed motions to override the Governor's veto on votes of 89-34 and 29-10, respectively.

HB 2513 - Makes Fiscal Year (FY) 2026 funding adjustments, funding for state agencies for FY 2027 and selected adjustments for FY 2028, FY 2029 and FY 2030. The bill also provides funding and implementation for the new agency, the Office of Early Childhood.

On April 8, the Governor approved HB 2513 but vetoed more than 40 line items in the bill, including 12 health-related provisions. Motions to override five of these vetoes (as noted) prevailed on April 10. All other line-item vetoes noted here were sustained.

• Section 15(b) appropriating for the Board of Nursing "no limit" funding for the Nurse Fair Treatment and Recovery Fund for expenditures during FY 2027 for eligible claims for non-clinical harms related to licensure and professional standing. In her veto message, Gov. Kelly said "The creation of this fund could increase the Board of Nursing's exposure to lawsuits and place financial pressure on the resources the agency needs to do its job."
• Section 15(c) transferring $500,000 from the Board of Nursing fee fund to the Nurse Fair treatment and Recovery Fund on July 1, 2026.
• Section 37(a) appropriating $3.0 million for the Office of the State Treasurer for the fiscal year ending June 30, 2027, for the Pregnancy Compassion Awareness Program, for expenditures to continue the statewide program, previously known as the Alternatives to Abortion program, to enhance and increase resources that promote childbirth instead of abortion to women facing unplanned pregnancies and to offer a full range of services, including pregnancy support centers, adoption assistance and maternity homes. In her veto message the Governor said, "I continue to believe that the pregnancy crisis center program has no place within the Office of the State Treasurer" and ". . . spends taxpayer dollars on largely unregulated pregnancy resource centers . . ." Veto overridden.
• Section 47 directing the Director of Accounts and Reports to transfer $4,085,098 from the Kansas Endowment for Youth Fund to the Children's Initiatives Fund. In her veto message the Governor said, "[This] transfer . . . has already occurred in fiscal year 2026, thus making this section duplicative."
• Section 72(l) directing KDHE - Division of Public Health to expend funds appropriated for FY 2027 to implement the child and adolescent and adult immunization schedules from the Centers for Disease Control and Prevention (CDC) in effect on July 1, 2026. In her veto message Gov. Kelly said, "The recent changes to the childhood, adolescent and adult immunization schedules issued by the CDC stand to create confusion among parents about which vaccines their families should receive, especially when these decisions are made behind closed doors."
• Section 74(p) directing KDHE - Division of Health Care Finance to expend funds appropriated for FY 2027 to implement the child and adolescent and adult immunization schedules from the CDC in effect on July 1, 2026.
• Section 74(q) prohibiting DCF from expending any funds appropriated for FY 2027 to provide or perform, assist in the provision or performance, promote, counsels towards, refer for or provide facilities for abortions; and prohibiting DCF from entering into a contract with or making a grant to any person or entity that provides or performs, assists in the provision or performance of, promotes, counsels towards, refers for or provides facilities for abortions. In her veto message the Governor said, "By attempting to implement this restrictive policy through a budget proviso, the Legislature has … avoided holding a public hearing to understand the full impact of this policy or learn how providers would be affected by it." Veto overridden.
• Section 77(b) lapsing $4,438,771 of the $16,034,722 appropriated for the Kansas Department for Aging and Disability Services (KDADS) for the fiscal year ending June 30, 2026, in the mental health intervention team pilot account. In her veto message, the Governor said, "Student mental health is a crisis impacting our youngest Kansans … I am proud to restore these funds in the current year through this veto …"
• Section 78(a) directing KDADS to expend funds appropriated for FY 2027 for the mental health intervention team pilot, in the amount of $1.5 million for qualified schools. In her veto message the Governor said, "In the state's FY 2026 budget, it provided over $16 million for this program, of which $1.5 million was directed to support mental health intervention teams at qualified non-public schools. In the FY 2027 budget, the Legislature cut the total appropriation to about $10.0 million, while retaining the requirement that $1.5 million of that total be used for nonpublic schools. I do not believe that the public schools alone should bear the brunt of this disastrous cut … Thus, I have line-itemed vetoed the requirement that $1.5 million be appropriated for these non-public schools."
• Section 78(dd) directing KDADS to expend funds appropriated for FY 2027 to provide information to Medicaid recipients and such recipients' family members, whenever a recipient is considering moving into a nursing facility, assisted living facility, residential health care facility, home plus or boarding care home, that programs and services are available to such recipient to allow them to remain in their homes for independence and self-sufficiency if such recipient received such services. In her veto message, the Governor said, "there are already existing pathways for Kansans to receive individualized assistance through their managed care organization or one of Kansas' Aging and Disability Resource Centers." Veto overridden.
• Section 81(h) directing DCF to expend at least $500,000 in funds appropriated for FY 2027 to provide support for Radical Life, Inc., an entity that provides services for family stabilization and financial education in and around Lyon County in order to reduce foster care placements. In her veto message, Gov. Kelly said, "The direct allocation of these funds circumvents the established competitive grant process that ensure transparency, accountability and value for the state." Veto overridden.
• Section 96(d) directing the Director of the Budget, in consultation with the Director of Legislative Research, to identify and certify an amount of $1.0 million from any moneys in any state general fund account or any special revenue fund or funds that are moneys to the state for aid for coronavirus relief that are unexpended, recouped or otherwise have been returned to the state as unspent funds to the Director of Accounts and Reports, and further directing the Director of Accounts and Reports to transfer such certified amount to the American rescue plan - state fiscal relief - federal fund of the Kansas State Historical Society. In her veto message, the Governor said, "this appropriation was made with federal COVID-19 relief dollars which are bound by federally required timelines that this project is unlikely to meet." Veto overridden.

HB 2729 - Amends informed consent provisions of the Women's-Right-to-Know Act concerning required information and required notice signs for both abortion procedures and medication abortion. The bill specifies that the information required to be provided by abortion providers under the Act must be on a form provided by KDHE and requires that the informed consent and medical abortion reversal notice signs required by the Act state that such notice is from KDHE. The House and Senate passed motions to override Gov. Kelly's veto on April 9 on votes of 87-36 and 31-8, respectively.

HB 2731 - Establishes data-matching and eligibility verification requirements for the Secretary for DCF and the Secretary of KDHE for certain public assistance programs; permits continuous eligibility provisions for select individuals; prohibits certain exemptions, waivers and self-attestation; and changes eligibility requirements for certain public assistance programs.

The bill requires KDHE, in coordination with KDADS, to seek federal approvals including, at minimum, an application for a Section 1115 Medicaid demonstration in order to establish continuous Medicaid eligibility for individuals who:

• Have a documented, permanent intellectual or developmental disability (I/DD); and
• Are receiving services through a Home and Community Based Services (HCBS) waiver.

The bill also requires the program designed for federal approval for the individuals with I/DD and on a HCBS waiver to include:

• Establishing continuous Medicaid eligibility unless a verified change occurred in income, assets, residency or disability status;
• Limiting routine eligibility redeterminations to circumstances involving documented or material changes;
• Maintaining all existing financial eligibility standards and federal program integrity requirements; and
• Reducing administrative functions that do not improve eligibility accuracy or program oversight.

The bill also requires the Secretary for DCF regarding eligibility for food assistance and the Secretary of KDHE regarding eligibility for medical assistance programs to each enter into data-matching agreements with state agencies to compare data for individuals and households applying for or receiving food or medical assistance that would indicate a change in circumstances that could affect eligibility for assistance. The bill also establishes minimum requirements for the data-matching to occur as follows:

• On a monthly basis:
  • Death records from the Office of Vital Statistics;
  • Incarceration status from the Department of Corrections;
  • Lottery or gambling winnings of $3,000 or greater, to the extent permissible under federal law, from the Kansas Lottery and Kansas Racing and Gaming Commission; and
  • Potential changes in residency identified by out-of-state electronic benefit transfer transactions; and

• On a quarterly basis:
  • Changes in employment and wages from the Department of Labor.

The bill also requires, on and after Jan. 1, 2027, that all eligible individuals enrolled in an assistance program be verified against a death master file on a quarterly basis. Any individual's coverage would be terminated upon confirmation of the individual's death.

The bill also changes eligibility requirements for assistance programs to:

• Prohibit DCF and KDHE to, unless required by federal law, accept self-attestation, without verification, of:
  • Income,
  • Residency,
  • Age,
  • Household composition,
  • Caretaker relative status, or
  • Receipt of other coverage;
• Prohibit DCF and KDHE from requesting the authority to waive or decline to periodically check available income-related data sources to verify eligibility for:
  • Temporary Assistance for Needy Families (TANF),
  • Food assistance,
  • Medical assistance, or
  • Assistance under the child care subsidy program;

• Increase the age of "able-bodied adults" from 49 to 64 years of age, related to the Supplemental Nutrition Assistance Program (SNAP);
• Require dependents of able-bodied adults to be under 14 years of age (related to SNAP); and
• On and after Jan. 1, 2027, limit retroactive eligibility in the medical assistance program (Medicaid) to two months prior to the month the recipient makes an application for assistance.

The bill also prohibits exemptions from time-limited assistance (related to SNAP) for:

• Homeless individuals,
• Veterans, or
• Individuals who:
  • Are 24 years or younger, and
  • Were in foster care when turning 18 years old or an older age as elected by the State under federal law.

The bill requires, on or after July 1, 2026, the Legislature to approve any optional exemption, geographic waiver or work requirements waiver for any public assistance program by an Act of the Legislature.

The bill requires, for purposes of identifying and removing individuals who are enrolled in assistance programs in multiple states, KDHE to submit medical assistance enrollee address information to CMS on a monthly basis. The bill requires the information to be collected from:

• Mail returned to KDHE by the U.S. Postal Service (USPS) with a forwarding address;
• The National Change of Address Database maintained by USPS;
• A managed care organization, prepaid inpatient health plan or prepaid ambulatory health plan that has a contract under the state plan if the address information is directly provided by or verified by the enrollee; or
• Any other data source identified by KDHE and approved by the U.S. Secretary of HHS.

On April 10, the House and Senate passed motions to override the Governor's veto on votes of 84-39 and 29-10, respectively.

Veto Sustained

SB 254 - Would have prohibited any immigrant who is unlawfully present in the U.S. from receiving any state or local public benefit and would have nullified current law that permits residents without lawful immigration status to be granted in-state tuition rates at postsecondary educational institutions, provided certain requirements are met. There was no motion to reconsider during the veto session, so the Governor's veto was sustained.

Bills Still Pending Governor's Action

HB 2763 would establish minimum requirements for recess in public schools and include such time in school term calculations beginning in the 2027-2028 school year and direct the State Board of Education to establish a Kansas State Physical Fitness Test.

The bill would require all public school districts, starting in the 2027-2028 school year, to provide a minimum of 30 minutes of daily, organized recess for elementary grades as designated by the school district, and would allow the recess to be supervised by either licensed or unlicensed school personnel. The bill would specify that elementary grades would not include any grade higher than grade 5. The bill also would specify that the time provided for organized recess not in excess of one hour per school day would be considered part of the school term for a school's calculation of such time for purposes of statutory compliance. Schools would be prohibited from limiting or withholding a student's access to recess for disciplinary reasons unless the student is an immediate threat to themselves or others.

The bill also would require the State Board, after the standards for the Presidential Physical Fitness Test are published, to establish a Kansas State Physical Fitness Test for grades 1 through 12 that is aligned with the Presidential Physical Fitness Test. The State Board would be required to update the Test in order to maintain alignment with the Presidential Test and provide awards to students who meet or exceed the state's 50th percentile and to students who meet or exceed the state's 85th percentile in one or more events on the Test. Beginning in school year 2026-2027, public school students in grades 1 through 12 would be required to take the Test annually unless the student is disabled, as defined in the law, or has a medical exemption from a licensed physician. The bill was enrolled and presented to the Governor on April 17.

SB 430 would include mitragynine, the primary psychoactive component of kratom, on Schedule I of the Uniform Controlled Substances Act. (Note: Mitragynine was inadvertently excluded from the enrolled version of HB 2365, which was signed by Gov. Kelly on April 10.) The bill was enrolled and presented to the Governor on April 17.